PC Reso 795 RESOLUTION N0. 795
OF THE PLt�NNING COMMISSION OF THE CITY OF CUPERTINO
RECO:�'Il�IENDING THE GRANTING OF A VARIANCE TO ALLOW A
TWO (2) FOOT EAVE AND FIFT�:EN (15) FOOT CANOPY TO
PROJECT OVER A PROPERTY LINE
APPLICANT: Skaggs Payless Drug Stores
ADDRESS: 2030 Franklin Street, Oakland, California
SUBMITTED: July 24, 1970
LOCATION: Southwest corner of Homestead Road and
Saratoga-Sunnyvale Road
ZONING: General Commercial (CG)
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CONDITIONS: .
1-12. Standard Conditions to the extent that they do not conflict with the
special conditions as enumeruted herein. In the event that a conflict
does exist the special conditions as enumerated herein shall apply.
13. The Variance is granted for the land as described in the application
and any attachments thereto, and as shown on the plot plan submitted
labeled Exhibit A.
14. The location of all buildings, fences, roadways, parking areas, land-
scaping and other facilities or features shall be located substantially
as shoc,m on the plot plan labeled Exhibit A, e�;cept or unless indicated
otherwise herein.
15. The Variance shall be considered temporary in nature and is granted for
a period of one year ending August 10, 1Q71, at which time the Planning
Commission sha11 review the entire matter. In the event construction is
proposed on Parcel B at any time, said proposal shall be submitted to
the Planning Cotn� for approval relative to the disposition of the
eave projection and canopy.
16. In the event construction has not begun on Parcel B �vithin a period of
three (3) months, the applicant shall submit a landscaping plan to the
Planning Commission for approval; upon approval, said landscaping shall
be installed.
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PASSED AND ADOPTED this lOth day of August, 1970 at a regu]_ar meeting of the
Planning Commission of the City of Cupertino, State of California, by the
following roll call vote:
AYES: Commissioners P,uthenuth, Hirshon, Irwin, Meyers, Puetz
NAYS: None
ABSENT: None
APP��D : ��,
� `� � �
ATTEST: .�-;!'.,� � /._ ___ -
, r � �,,� __ _ .
� �' i ; � _ ���_ �� _ _, .
�, , : .G r.ald A�,.-�tze�z, Chairman
James H. Sisk, 1'lanning Director ''
C I T Y 0 F C U P E R T I N 0
City Hall, 10300 Torre Avenue
Cupertino, �alifornia 95014
Telephone: (40�) 252-4505
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
RECOMMENDING THE GRANTING OF A VARIANCE
WHEREAS the Planning Commission of the City of Cupertino
received an application for a VARIANCE, �� stated on Page 2;
and
WHEREAS the applicant has met the burden of proof required
to support his said application; and
WHEREAS the applicatian shows:
l. That there are special conditions or exceptional charac-
teristics in the nature of the property to be affected,
or that irs location or its surroundings are such as will
permit the Commission to make a determination that a
lite�al enfo�cement of the Ordinance would result in prac-
fical dificulties o� unnecessary hardships; and
2. That the granting of �he application is necessary for the
preservation and enjoyment of substantial property rights;
and
3. That the hearings �how that the granting of the application
will not materially affect adversely the health or safety
of persons residing or working in the neighborhood of the
property which is the subject of the application, and that
the use of said prope�ty i� the manner in which it is pro-
posed to be used will not be materially detrimental to
the public welfa�e or inju�ious to the value of property
or improvements located in said surroundings;
NOW, THEREFORE BE IT RESOLVED:
That after ca�eful consideration of maps, facts, exhibits and
other evidence submitted in this matter, the application for
the VARIANCE be , and the same is, hereby recommended for ap-
proval to the City Council of the City of Cupertino for appro-
priate action, s�bject to the conditions stated on Page 2; and
BE IT FURTHER RESOLVEDa
That the aforementioned findings are approved and adopted, and
that the Secretary be, and is hereby, directed to notify the
parties affected by thi� decision.
(Continued on Page 2)
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